San Francisco, CA asked in Employment Law for California

Q: In California I had 12 hours in a single day from two separate shifts grave then swing am I entitled to overtime?

I am on a 4x10 schedule and neither single shift was over 10 hours but the different start times put me at 12 hours on that day

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1 Lawyer Answer
Brad S Kane
Brad S Kane
  • Los Angeles, CA
  • Licensed in California

A: Your question is complicated. First, the general rule is overtime after 8 hours or 40 hours per week, though different rules apply to certain job categories. In addition, California permits alternative work weeks like 4 days with 10 hours per day without payment of overtime if there is a valid employee election selecting that schedule. Critically, employers may not unilaterally impose an alternative work schedule without incurring overtime liability.

Second, the employer is allowed to set the start of the work day. In the absence of the employer setting the start time is 12 midnight. Thus, if you hit 12 hours within the work day, you should be entitled to overtime.

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